HomeMy WebLinkAboutOrdinances - O-95-720 - 08/02/1995 - ANNEX VARIOUS PROPERTY EAST OF FOX RIVERORDINANCE NO. 0-95-•720
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE
CITY OF McHENRY ALONG ROUTE 120 EAST OF THE FOX RIVER
WHEREAS, a petition for annexation was filed on April. 25, 1995, in
the Nineteenth Judicial Circuit Court of McHenry County requesting that
certain property, depicted on the Plat of Annexation prepared by Conway
Surveying, Inc., P.C., attached hereto as Exhibit "A", hereinafter
referred to as "Subject Territory," be annexed to the City of McHenry;
and
WHEREAS, the Subject Territory is contiguous to the current
corporate limits of the City of McHenry and is not located within the
corporate limits of any other municipality; and
WHEREAS, the City does not furnish fire protection or public
library services and notice required by 65 ILCS 7-1-1, has been provided
to the required McHenry Township Officials; and
WHEREAS, a public hearing was held in the Nineteenth Judicial
Circuit Court before Judge Haskell M. Pitluck on said petition for
annexation on the 23rd day of May, 1995; and
WHEREAS, Judge Haskell M. Pitluck granted relief requested by
Petitioners and ordered that the question of annexation of the Subject
Territory be submitted to the corporate authorities of the City of
McHenry for final action following entry of the order; and
WHEREAS, City officials have met with property owners within the
Subject Territory on numerous occasions. Said property owners have been
informed that it was the City's intent, following annexation of the
Subject Territory, to reclassify their property pursuant to the City's
Zoning Ordinance, including necessary variations and conditional uses.
The City's goal is to reclassify the property within the Subject
Territory in such a way as to allow those uses, which are presently
legal permitted uses within McHenry County, to continue being legally
permitted uses within the City; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of McHenry, McHenry County, Illinois, as follows:
SECTION 1: That the following Subject Territory is hereby annexed
to the City of McHenry:
That part of Sections 25, 26 and 36, Township 45 North, Range
8 East of the Third Principal Meridian, and part of Sections
30 and 31, Township 45 North, Range 9 East of the Third
Principal Meridian, bounded and described as follows:
beginning at the intersection of the northerly line of Oak
Street in the Original Plat of McHenry, according to the Plat
thereof recorded July 26, 1840, in Book B of Deeds, page 160,
with the easterly water's edge of the Fox River; thence
northeasterly along said easterly water's edge to the
intersection with a line drawn 52.5 feet southerly from,
REPDp-be3> $- a- qs
�q52 03231?3
measured at right angles to, and parallel with the southerly
line of Lot 22 in Block 5 of Hunterville Park Subdivision,
according to the Plat thereof recorded March 30, 1929 as
Document No. 87599 in Book 7 of Plats, page 4; thence
southeasterly parallel with the southerly line of said Lot 22
in said Block 5 and said line extended easterly to the
intersection with the westerly line of Block 4 in said
Hunterville Park Subdivision, extended southerly; thence
northerly along the southerly extension of said Block 4, to
the southerly line of said Block 4; thence southeasterly along
the southerly line of said Block 4, to the intersection with
the easterly line of said Section 26; thence southerly along
the easterly line of said Section 26 to the intersection with
the northerly line of Lot 12 in Block 3 in said Original Plat
of McHenry, extended easterly; thence westerly along the
northerly line of said Lot 12 in Block 3 and the easterly
extension thereof, to the northwest corner of said Lot 12 in
Block 3; thence southerly along the westerly line of said Lot
12 in Block 3 and along the southerly extension of said
westerly line, to the intersection with the northerly line of
Block 6 in said Original Plat of McHenry; thence westerly
along the northerly line of said Block 6 to the northwest
corner of said Block 6; thence southerly along the westerly
line of said Block 6 to the southwest corner of Block 6;
thence easterly along the southerly line of said Block 6, to
the intersection with the easterly line of Lot 5 in Block 7 of
said Original Plat of McHenry, extended northerly; thence
southerly along the easterly line of said Lot 5 in Block 7,
and the northerly extension of said line to the southeast
corner of Lot 4 in said Block 7; thence easterly along the
southerly line of said Lot 4 and the southerly line of Lots 3,
2 and 1 in said Block 7, and the easterly extension of said
southerly line of Lot 1, to the intersection with the westerly
line of Lot 4 in Conway's Subdivision, according to the Plat
thereof recorded August 16, 1923, as Document No. 60164, in
Book 4 of Plats, page 99; thence southerly along the westerly
line of said Lot 4 and the westerly line of Lot 5 in said
Conway's Subdivision to the northwest corner of Lot 6 in said
Conway's Subdivision; thence easterly along the southerly line
of said Lot 5, to the northwest corner of Lot 8 of said
Conway's Subdivision; thence northerly along an easterly line
of said Conway's Subdivision, to the intersection with the
southerly line of Maryville Heights Subdivision, according to
the Plat thereof recorded May 2, 1955 as Document No. 291975,
in Book 12 of Plats, page 19; thence easterly along the
southerly line of said Maryville Heights Subdivision to the
east line of the West Half of the Southwest Quarter of said
Section 25; thence northerly along the easterly line of said
West Half being also the westerly line of the Southeast
Quarter of Southwest Quarter of said Section 25, to the north
line of said Southeast Quarter of the Southwest Quarter of
said Section 25; thence along said north line and along said
north line extended easterly, to the intersection with the
-2-
westerly line of Eastwood Manor Unit 4, according to the Plat
thereof recorded October 19, 1960 as Document No. 376558, in
Book 14 of Plats, page 63; thence southerly along said
westerly line and along the westerly line of Eastwood Manor
Unit 2, according to the Plat thereof recorded August 17, 1956
as Document No. 311472, in Book 12 of Plats, page 82, to the
southerly line of said Eastwood Manor Unit 2; thence easterly
along the southerly line of said Eastwood Manor Unit :2, to a
point that is 900 feet easterly of the southwest corner of
Block 7 of said Eastwood Manor Unit 2; thence north 90 degrees
00 minutes 00 seconds east (bearing assumed) along said south
line of said Eastwood Manor Unit No. 2, to the southwest
corner of Lot "A" in Eastwood Manor Unit No. 1, (as shown in
Book 12 of Plats, page 45); thence north 00 degrees 04 minutes
46 seconds west, 167.80 feet along the west line of said Lot
"A" to the northwest corner of said Lot "A"; thence
northeasterly along a curve having a radius of 719.219 feet as
said curve is convexed to the southeast, an arc distance of
16.64 feet to the point of reverse curvature; thence easterly
along a curve having a radius of 247.27 feet as said curve is
convexed to the north, an arc distance of 81.05 feet; thence
south 00 degrees 04 minutes 46 seconds east along the west
line of the east 45 feet of the west 140 feet of said Lot "A",
189.85 feet to the south line of said Lot "All; thence easterly
along a curve having a radius of 1496 feet as said curve is
convexed to the north, an arc distance of 45.09 feet; thence
north 00 degrees 04 minutes 46 seconds west along the east
line of the west 140 feet of said Lot "A", 189.48 feet: to the
north line of said Lot "A"; thence easterly along a curve
having a radius of 247.27 feet as said curve is convexed to
the north, an arc distance of 46.55 feet to the point of
tangency; thence south 70 degrees 00 minutes 53 seconds east,
along the north line of said Lot "A", 75.02 feet to the most
northeasterly corner of said Lot "A"; thence south 6 degrees
28 minutes 08 seconds west, 163.55 feet to the southeasterly
corner of said Lot "A"; thence southeasterly along a curve
having a radius of 1496 feet as said curve is convexed to the
northeast an arc distance of 316.20 feet to a point of
compound curvature; thence southeasterly along a curve having
a radius of 29.000 feet, an arc distance of 39.96 feet,; thence
south 89 degrees 09 minutes 56 seconds east, along the south
line of said Eastwood Manor Unit No. 1 and said south line
extended easterly, to the intersection with the easterly right
of way line of Chapel Hill Road; thence southerly along the
easterly right of way line of said Chapel Hill Road, to the
intersection with the northerly right of way line of Illinois
State Route 120; thence southwesterly to the intersection with
the easterly line of said Section 36 and the southerly right
of way line of State Route 120; thence southerly along the
easterly line of Section 36, to the intersection with a line
drawn 330 feet southerly of and parallel with the centerline
of Illinois State Route 120; thence westerly parallel with
said centerline, a distance of 160 feet; thence northerly
-3-
12 in Block 10 in said Original Plat of McHenry, extended
easterly; thence westerly along the easterly extension of the
northerly line of said Lot 12 and along the northerly lanes of
Lots 9, 10 and 11 in said Block 10, to the Northwest corner of
said Lot 9; thence southerly along the westerly line of said
Lot 9, to the intersection with the south line of the north 42
feet of Lot 8 in said Block 10; thence westerly along the
southerly line of the north 42 feet of Lot 8 and of the north
42 feet of Lot 7 of said Block 10, and said line extended to
the intersection with the easterly line of Block 9 of said
Original Plat of McHenry; thence southerly along the easterly
line of said Block 9 to the intersection with the easterly
water's edge of the Fox River; thence northerly along the
easterly water's edge of the Fox River to the point of
beginning (excepting therefrom that part thereof lying
northerly of the northerly right of way line of the following
described parcel: beginning at the intersection of the west
line of the Northeast Quarter of the Northwest Quarter of said
Section 36 with the center line of Illinois State Route 120;
thence southeasterly along said center line, a distance of
212.75 feet; thence northeasterly at right angles to the last
described line, 220.00 feet; thence northwesterly at right
angles to the last described line, a distance of 270.52 feet
to the west line of the Southeast Quarter of the Southeast
Quarter of said Section 25; thence southerly along the west
line of the Southeast Quarter of the Southwest Quarter of said
Section 25 and the west line of the Northeast Quarter of the
Northwest Quarter of said Section 36, to the point of
beginning), all in McHenry County, Illinois.
(PARCEL 1 ON EXHIBIT "A")
SECTION 2: The City Clerk of the City of McHenry is hereby
directed to record in the Office of the Recorder of Deeds and to file in
the Office of the County Clerk of McHenry County, Illinois, and the post
office serving the territory, within 30 days of the effective date of
this Ordinance, a certified copy of this Ordinance.
SECTION 3: If any section, paragraph, subdivision, clause,
sentence of provision of this Ordinance shall be adjudged by any Court
of competent jurisdiction to be invalid, ,such judgment shall not
affect, impair, invalidate or nullify the remainder thereof„ which
remainder shall remain and continue in full force and effect.
SECTION 4: The recitals set forth in this Ordinance are
incorporated herein by reference.
SECTION 5: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 6: The Mayor and City Council hereby find that exigent
circumstances exist warranting the immediate effectiveness of this
Ordinance.
SECTION 7: This Ordinance shall be published in pamphlet form as
provided by law.
-5-
PASSED this 2nd day of August, 1995.
AYES: Bolger, Locke, Bates, Baird, Cuda
NAYS: None
AB S ENT : Lawson
ABSTAIN: None
NOT VOTING: None
APPROVED this 2nd day of August, 1995. �I
Mayor
ATTEST:
City Clerk
PUBLISHED: August 3, 1995